W-B General nurses file unfair labor charges

Mark Moran / The Citizens' Voice
Nurses at Wilkes-Barre General Hospital conduct an informational picket outside the hospital on River Street last month.

Mark Moran / The Citizens' Voice
Wilkes-Barre General Hospital nurses held a rally in December 2013 on Public Square during a
one-day strike.

The union representing registered nurses at Wilkes-Barre General Hospital claims the hospital broke the law in unfair labor charges filed with the National Labor Relations Board.

The Pennsylvania Association of Staff Nurses and Allied Professionals, which represents about 460 registered nurses, charge the hospital failed to provide information about issues needed for bargaining, interfered with their rights to communicate their concerns to the public, and made illegal changes to their working conditions, wages and benefits. Franklin, Tenn.-based Community Health Systems owns the hospital.

Silberman said hospital officials must take every "reasonable step" to avoid mandatory overtime, such as seeking volunteers and contacting temporary staffing agencies, and must document that information. Hospital officials are required to provide information about mandatory overtime under state law, but haven't, he said.

"A nurse does have the legal right to ask, 'Who did you call to try to replace me?' If the hospital doesn't give that information, they are violating the law," Silberman said. "The hospital put a health care proposal on the table and wouldn't tell us how much it would cost workers. How can you agree to or bargain on a proposal when you don't know how much it's going to cost?"

The nurses contract expired April 30 last year. Since then, the nurses have participated in a one-day strike outside the hospital in December as well as informational pickets and rallies.

"They have interfered with our time to hand out leaflets to educate the public," Silberman said. "They have, at times, interfered by chasing workers off the property and they can't do that. Workers have the right by law to be on the employer's property and hand out information to the public."

Until a new agreement is reached, Silberman said the hospital must implement wage increases based on nursing experience or seniority, but hasn't.

"As the evidence of (the hospital's) bad behavior mounts, ultimately the victims of its conduct are their patients and the communities the hospital serves," said union representative Terry Marcavage. "The resources they devote to fighting their employees are resources taken away from patient care, taking nurses away from the bedside. Their disrespect can discourage nurses from making a career commitment to his hospital."

Renita Fennick, spokeswoman for Commonwealth Health, a network of eight area hospitals including Wilkes-Barre General Hospital owned by Community Health Systems, responded to the complaint in an emailed statement: "Wilkes-Barre General Hospital continues to negotiate in good faith with PASNAP and remains committed to the bargaining process. We look forward to presenting our response before the NLRB."

An attorney representing the hospital was not available for comment.

Community Health Systems Inc. is one of the largest publicly traded hospital companies in the United States and a leading operator of general acute care hospitals in communities across the country. Through its subsidiaries, the company owns, leases or operates 206 hospitals in 29 states with an aggregate of approximately 31,000 licensed beds.

The for-profit company purchased Wyoming Valley Health Care System, the former non-profit operator of Wilkes-Barre General Hospital, five years ago for $271 million.

A hearing regarding the federal complaint will be held July 14 in Philadelphia. According to the National Labor Relations Board, an agency that acts to prevent and remedy unfair labor practices, both sides have the right to appear and present testimony.

Gregory King, spokesman for the National Labor Relations Board, said an administrative law judge will file a decision after hearing all the evidence.

dallabaugh@citizensvoice.com, 570-821-2115

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